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Clatsop County PUBLIC WORKS Phone: (503) 325-8631
1100 Olney Avenue Fax: (503) 325-9312 Astoria, Oregon 97103 www.clatsop.or.us
Blind Slough Bridge Repair Project 2019
Clatsop County, Oregon
Invitation to Bid
If you want to be included on a bid holders list, please send confirmation of Bid Download to the
following email address: [email protected] or by fax to 503-325-9312. Include the project
name, your company name, address, and contact name.
Addenda will be published on the County’s website at http://www.co.clatsop.or.us. Bidder is
responsible for checking website for addenda.
Bid Opening: October 31, 2019
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Table of Contents Blind Slough Bridge Repair Project 2019
ITEM PAGE
Bidding Requirements .....................................................................................................................3
Invitation to Bid ...................................................................................................................4
Scope of work ......................................................................................................................5
Information for Bidders .......................................................................................................5
Bid Forms.......................................................................................................................................12
Bid Proposal Form .............................................................................................................13
Addendum Receipt (if any) ................................................................................................14
Bid Schedule ......................................................................................................................17
First Tier Subcontractor Disclosure Form .........................................................................18
Instructions for Non-Collusion Affidavit...........................................................................19
Non-Collusion Affidavit ....................................................................................................20
Standard Public Improvement Contract Bid Bond Form ...................................................21
Contract Forms...............................................................................................................................22
Clatsop County Contract for Construction ........................................................................23
Performance Bond .............................................................................................................29
Payment Bond ....................................................................................................................31
Special Provisions ..........................................................................................................................33
Attachments: Drawings
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Invitation to Bid
Clatsop County is conducting an Invitation to Bid for bridge repairs to County Bridge #B0263 located on
Brownsmead Dike Road MP 0.6 Plans and specs on County website at http://www.co.clatsop.or.us.
Plans can be viewed at 1100 Olney Ave, Astoria, Or 97103. Contractor shall furnish all labor, materials and equipment. Sealed bids will be received by the County Engineer, Dean Keranen, at 1100 Olney Ave., Astoria, Or 97103 until 2:00 p.m. on October 31, 2019, when they will be opened and publicly read. Any bid received after the time specified will not be considered. Faxed or electronic bids will not be accepted. Bid bond equal to ten percent of the total bid is required. Project is for Public Works subject to ORS 279C.800 to 279C.870. The County reserves the right to waive minor informalities and reject any or all bids not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids if it is deemed to be in the public interest to do so.
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Scope of work
Background
Clatsop County Public Works Department is conducting an Invitation to Bid on bridge repairs to
the Blind Slough Bridge on Brownsmead Dike Road, County Bridge #B0263, State NBI #11128,
located at milepost 0.60 on Brownsmead Dike Road in Clatsop County, Oregon. This bridge was
constructed in 1959, and is owned and maintained by Clatsop County. The superstructure is
concrete with a concrete deck, substructure is wood pile and wood caps. The existing bridge is
211’ long, with an overall width of 26.8’, and a roadway width of 22’.
Objective
Clatsop County Public Works Department is looking to address the deterioration of wood
components on Bents 2 through 8 and to address concrete spall on girders, soffits, and the bottom
of the deck. To remedy said deterioration and spall the Contractor will drive new steel pile, install
steel sleeves over existing wood pile, replace wood caps with steel, install steel sway bracing, and
repair spall per the design plans attached to this document. Also, a new steel plate backwall shall
be added to Bent 8.
Clatsop County shall close Brownsmead Dike Road for the duration of the project and provide and
install all signage and barricades.
The work to be done under this contract consists of the following:
• Provide all equipment, material, and labor to complete the contract as specified herein.
With the exception of the round steel pile sleeve section +-9ft long to be utilized on bent 5
pile 1. This steel sleeve shall be provided by the County and shall be coated prior to
installation and touched up after field welding has occurred. The bearing plate and H pile
section extending from this sleeve to the pile cap shall also be coated by the County after
installation by the contractor and prior to sway brace installation. Contractor shall plan for
and allow ample time for County crews to prepare steel, apply the 3-coat system, and
drying time. Said coating application will be weather dependent. Contractor must utilize
care to avoid damaging the coating during handling and installation. This one section of
steel pile is the only material that will be provided by the County and shall be delivered to
the project location by the County.
• Excavation of the roadway adjacent to and underneath the bridge, providing sufficient
room to remove and install all components of the repair including the temporary bridge
support systems. All materials removed from the roadway become the property and
responsibility of the contractor. Removal quantities and payment will be based on in place
compacted material removed regardless of truck loads hauled.
• Drive new steel H pile at bent 8 until reaching 26 tons bearing capacity per pile.
• Install pre-engineered temporary bridge support system and slightly lift the bridge at the
bents to be repaired. All materials necessary for the temporary bridge support system
shall be provided by the contractor and remain contractor’s property upon project
completion. All components utilized for the temporary support system must be removed
from the site upon project completion. If drilling holes through the bridge deck is
necessary for the temporary support system the holes must be repaired by the contractor
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utilizing concrete deck repair grout specified on ODOT’s Qualified Product List dated
January 2019.
• Remove wood sway bracing, timber pile caps, timber piling above the sleeve preparation
cut off elevation, and dispose of materials. Timber caps from Bents 5, 7, and 8 shall be
removed in one piece and set aside for County. Place Bor8 Rods in all bolt holes from
removed wood sway bracing and drive tight fitting wood plugs in each side until flush with
pile.
• Install steel sway bracing and align outlier pile to improve pile to cap bearing percentage.
This may require temporary bracing or strapping until the new pile cap and pile to cap
brackets are installed. Due to original pile placement some pile may be unreasonable to
align and field determinations for alignment tolerances shall be agreed upon.
• Install steel pile sleeves over existing wood pile.
• Install H pile sections on top of sleeved pile.
• Jack pile into place in spliced sections until reaching 50 tons of resistance (only if extensive
rot is found, see drawing notes).
• Install steel pile caps.
• Lower bridge onto reconstructed bents, install gaskets, and secure cap to bridge.
• Install steel plate backwall.
• Backfill and compact road prism with crushed rock incorporating geotextile fabric.
Quantities and payment will be based on truck ticket tonnage.
• Repair concrete girder spall at locations as directed by County. Majority of girder spall is
located between Bent 3 and 6.
• Repair concrete spall on bottom of bridge deck and soffit webbing with exposed rebar and
as directed by County. Majority of spall is located between Bent 2 and 7.
• Contractor must provide a schedule of the repair procedure.
• All work will be consistent with design and drawings provided by County and must pass
inspection by County Engineer or designee.
• All erosion, sediment, and pollution control devices necessary shall be provided and
maintained by the contractor.
• All BMPs shall meet ODOT standards for bridge repair and maintenance.
• Calling for locates and working with utilities is the responsibility of the contractor.
• All welders to be certified in accordance with AWS D1.1.
• Contractor will comply with Federal, State and County regulations, including 401 Clean
Water Act, SLOPES V Transportation, and Endangered Species Act.
• Contractor will guaranty all work for two years from date of completion.
• Performance, payment and bid bonds required.
• All aspects of erosion shall be controlled during the entire construction process and all
disturbed soils stabilized upon project completion. Including all temporary removal or fill
material stockpiles on site.
• Follow ODOT Best Management Practices for Bridge Repair and Maintenance ODOT web
site:
o http://www.oregon.gov/ODOT/HWY/GEOENVIRONMENTAL/docs/research-
roadside_maintenance_manual.pdf?ga=t
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Materials
• Pile – 16” diameter x 1/2” wall thickness, ASTM A252 grade 2 or approved equivalent
• H Pile – HP 14x102 ASTM A992 or approved equivalent
• H Pile – HP14x89 ASTM A992 or approved equivalent
• H Pile – HP12x89 ASTM A992 or approved equivalent
• H Pile – HP12x63 ASTM A992 or approved equivalent
• Steel Plate Backwall – 1/2" thickness A572 plate steel
• Pile Splice Bearing Plates & Top Plates – 3/4” minimum thickness, A572 flat steel
• Steel Sway Bracing – C8x18.75 structural steel channel ASTM A572 or approved
equivalent
• Stiffener Gusset Plates, Cap to Webbing Brackets, and Backwall Joint Lapping – 1/2”x6”
minimum, A572 flat steel
• Pile to Cap Brackets – 1/2”x2.5” A572 flat steel
• Pile Sleeve Grout – Quick set non-shrink, 9000 PSI or approved other
• Girder Spall Repair Grout – Non-Epoxy Structural Grout (specified on ODOT’s
Qualified Product List dated January 2019.)
• Gravel/Rock – 1-1/2”-0” & 3/4”-0”
• Geotextile Woven Fabric – 200lbs tensile strength minimum
• Pile Grout Rebar – 1/2” (#4 Rebar)
• Pile Cap Gasket – 1/8” thick PRAG Pioneer Rubber & Gasket or approved equivalent
• Barrier Between Wood Pile and Steel Cap – 30lbs roofing felt or approved other
• Felt Tacks – 3/4” long HDG roofing tacks
• Concrete Bolts – 3/4" diameter, 4” long HILTI Carbon Steel Screw Anchor or approved
equivalent
• Lag Bolts – 3/4” diameter, 4” long HDG
• Sway Bracing Through Bolts – 3/4” diameter HDG
• Bolt Washers – 2” minimum outside diameter flat washer HDG
• Concrete Bonding Agent – Acrycoat Concrete Bonding Agent or approved other
• Wood Preservative – Bor8 Rods 3/4" x 3” or approved other
• Wood Plugs – H-Plug 13/16” x 2” Pole Plug or approved other
Safety
• Contractor will comply with all OSHA safety guidelines.
• Preconstruction meeting is required two (2) weeks prior to proceeding with work.
Contact List
Public Works Director Ted McLean 503-325-8631
Assistant Public Works Director Terry Hendryx 503-325-8631
Assistant Public Works Director Cell 971-704-4295
County Engineer Dean Keranen 503-325-8631
Engineering Technician Ben Brown 503-325-8631
Astoria Dispatch 503-325-2601
MEDIX Ambulance 503-861-5554
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Information for Bidders
Project Name: Blind Slough Bridge Repair Project 2019
Time of Project Completion:
• Complete all project work by March 31, 2020.
• Work of the contract shall continue without delay or interruption once it is begun
Time and Place for Receiving Proposals:
Sealed proposals for the work described above will be received at the Clatsop County Public
Works Office of Dean Keranen, County Engineer, 1100 Olney Avenue, Astoria, Oregon 97103,
until 2:00 p.m. on October 31, 2019 at which time they will be opened and read.
Bidders Checklist:
The bidder's attention is especially called to the following forms, which must be executed in full
before the bid is submitted:
(a) Bid Proposal Forms
Proposal sheets are to be filled in, either typed or in ink, and signed by the
bidder.
Bid Schedule
The unit price (if any) must be shown in the space provided. The unit price shall
be used as the determining factor in case of error in price extension.
(b) First-Tier Subcontractor Disclosure submitted within two hours of bid deadline. A
First Tier Subcontractor Disclosure Form is required for public improvements
with an estimated value of more than $100,000.
(c) Non-Collusion Affidavit is to be completed.
(d) Bid Bond
A surety bond, irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008, cashier’s check or certified check of bidder for 10% of
the amount bid shall be attached to all bids as bid security.
(e) The Bid Forms must be returned on or before the date specified
(f) The County may reject any bid not in compliance with all prescribed public
contracting procedures and requirements and may reject for good cause all bids
upon a finding of the County that it is in the public interest to do so.
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EVENT DATE/TIME & LOCATION
Bid Opening October 31, 2019 at 2:00 p.m. at
Clatsop County Public Works
1100 Olney Avenue, Astoria, OR 97103
First-Tier Subcontractor Disclosure form October 31, 2019 at 4:00 p.m. at
Clatsop County Public Works
1100 Olney Avenue, Astoria, OR 97103
Preliminary Bid Results Will be published on County’s website at
www.co.clatsop.or.us
Notice of Intent to Award issued Will be published on County’s website at least 7
days prior to Award of Contract,
Estimated Award of Contract In December 11, 2019.
Execution of Contract Following Award of Contract and contractor
submission of required documents as per this
Invitation To Bid
Time of (Contract) Completion (unless
modified by in accordance with contract
provisions)
March 31, 2020
Addenda:
County will not mail notice of Addenda, but will publish notice of any Addenda on County’s
Web site. Addenda may be downloaded off the County’s web Site at http://www.co.clatsop.or.us.
Offerors should frequently check the County’s web site until closing; at last once daily the week
of closing.
Contract Terms
The successful bidder for a public improvement contract shall promptly execute and deliver to
Clatsop County:
(a) A Performance Bond in an amount equal to the full contract price, conditioned on
the faithful performance of the contract in accordance with the plans,
specifications and conditions of the contract. Performance bond must be executed
solely by a surety company or companies holding a certificate of authority to
transact surety business in the State of Oregon and payable to Clatsop County.
(b) A Payment Bond in an amount equal to the full contract price, solely for the
protection of claimants under ORS 279C.600. Payment bond must be executed
solely by a surety company or companies holding a certificate of authority to
transact surety business in the State of Oregon and must be payable to Clatsop
County.
(c) Contractors must have a Public Works Bond in the amount of $30,000 filed with
the Oregon Construction Contractors Board before starting work on a contract or
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a subcontract for a public works project. A contractor or subcontractor shall file
with the Construction Contractors Board a public works bond with a corporate
surety authorized to do business in Oregon in the amount of $30,000, unless
exempted under ORS 279C.836. Form is available online at the Bureau of Labor.
(d) Clatsop County Contract for Construction to be executed by the successful bidder.
(e) Certificate of Insurance - Property and General Liability Certificates of Insurance
satisfying the requirements as stated herein will be required.
(f) Certificate of Insurance - Workers Compensation Coverage
Certificate of Insurance satisfying the requirements as stated herein will be
required.
(g) Time for Agency Acceptance – Contractor’s offer must be a Firm Offer, valid and
binding on the Offeror for not less than 60 days from closing.
(h) Bidder must promptly execute contract and deliver performance bond, payment
bond and proof of insurance, or forfeit the bid security that accompanied the bid.
Bidder acknowledges that he/she is aware of, fully understands and intends to comply with
documents and regulations that are hereby made a part of these specifications:
• Prevailing Wage Rates in accordance with ORS 279C.800 to 279C.870.
• Non-discrimination in awarding of subcontracts in accordance with ORS 279A.110.
• ORS 279A.120 regarding local bidder preference.
• Contractor certifies that all subcontractors performing work described in ORS
701.005(2) will be registered with the Construction Contractors Board, or for work as
a landscape contractor has a current, valid landscape contractors’ license issued
pursuant to ORS 671.560 by the State Landscape Contractors Board.
• Contractor certifies that they are in compliance with the Oregon tax laws in
accordance with ORS 305.385.
• ORS 279C.580 regarding contractor’s relations with subcontractors.
• ORS 279C.525 regarding Environment and natural resources regulations.
• ORS 279C.605 regarding notice of claim.
• ORS 279C.510 (1) regarding salvaging and recycling of demolition debris.
• ORS 279C.600 thru ORS 279C.6610 regarding Action on Payment and Public Works
Bonds.
• ORS 279C.650 thru ORS 279C.670 regarding Termination of Contract for Public
Interest Reasons.
• The County reserves the right to waive minor informalities and reject any or all bids
not in compliance with all prescribed public bidding procedures and requirements and
may reject for good cause, including Bidder responsibility under ORS
279C.375(c)(b), any or all bids if it is deemed to be in the public interest to do so.
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Liquidated Damages:
Liquidated damages shall apply against the successful bidder (the Contractor) and accrue to the
Owner at the rate of five hundred dollars ($500) per day for every day that the project remains
uncompleted beyond the period outlined above.
Prevailing Wage Rates:
The “Prevailing Wage Rates for Public Works Contracts in Oregon” dated July 1, 2019, and
any amendments are hereby included in these specifications by reference. The wage rates can be
accessed at http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx.
Project Plans:
Contractor will complete the project in accordance with the plans and specifications herein.
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Bid Proposal Form
Blind Slough Bridge Repair Project 2019 The undersigned, as bidder declares:
That the only person or parties interested in this Proposal as principals are those named therein;
That this Proposal is made without collusion with any other person, firm or corporation;
That he has carefully examined and fully understands the bid documents: "Proposal and
Specifications for the Blind Slough Bridge Repair Project 2019”, Invitation to Bid, Information for
Bidders, Special Provisions, Prevailing Wage Rates, Bid Forms, and Contract, on file in the office of
the Public Works Department office at 1100 Olney Avenue, Astoria, Oregon and are hereby made a
part of this agreement;
That he submits this Proposal subject to the terms and conditions stated in the Bid Documents;
That if this bid is accepted, he will contract with said Clatsop County in the approved form of
contract, to provide all necessary machinery, tools, apparatus, and other means of construction and to
do all work and furnish all the materials specified in the contract in the manner and time therein
prescribed and according to the requirements as therein set forth;
That he will accept as full payment, therefore, the amount earned under the contract in the manner
described in the Bid Documents;
That he will comply with the provisions of ORS 279C.840 regarding prevailing wage rates and all
other applicable provisions of Oregon law as well as all Clatsop County ordinances and rules relating
to public contracting;
That he has not discriminated and will not discriminate against minority, women, or
emerging small business enterprises or against a business enterprise that is owned or controlled by or
that employs a disabled veteran in obtaining any required subcontracts;
That he is not in violation of any Oregon Tax Law;
That he is registered with the Construction Contractors Board as required by ORS 701.055
That he has an employee drug testing program in place in compliance with ORS 279C.505(2)
That after having carefully examined the Specifications covering the project, the bidder proposes
to furnish all necessary labor, materials, and equipment and to perform the work in full accordance
with said Specifications in the quantity(ies) and Price(s) as shown on Schedule of Prices.
Bid Proposal - 1
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Addendum Receipt (if any)
The receipt of the following addenda to Specifications is hereby acknowledged.
ADDENDUM NO. ___________________ DATE: _________________________
ADDENDUM NO. ___________________ DATE: _________________________
The names of the president, treasurer, and manager of the bidding corporation, or the names
and residences of all persons and parties interested in this Bid as partners or principals are as
follows:
Name Address
_________________________________ ______________________________________
_________________________________ ______________________________________
_________________________________ ______________________________________
_________________________________ ______________________________________
The names of the surety by which the Performance Bond covering the Contract, if awarded,
will be furnished, and the name, address and phone number of the surety’s local agent are as
follows:
Name of Surety
_______________________________________________________________________
Name of Agent
_______________________________________________________________________
Address
______________________________________________________________________________
Phone Number _____________________
Bidder acknowledges that he is aware of the provisions of ORS 279C.375. This law requires
public contracting agencies, in determining the lowest responsible bidder, to add a percent
increase to each out-of-state bidder's bid price which is equal to the percent of preference given
to local bidders in that bidder's home state. In other words, if the low bidder is from a state that
grants a 10 percent preference to local bidders, the Oregon agency must add 10 percent to that
bidder's bid price when evaluating the bid.
Pursuant to ORS 279A.120 the bidder is directed to complete the following:
YES NO
1. Is bidder a resident bidder? ____ ____
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2. Has bidder paid Oregon unemployment and
income taxes within the last 12 months
immediately preceding this bid? ____ ____
3. Does bidder have a business address in
Oregon? ____ ____
4. If you are a non-resident bidder: ____ % is the preference
granted by your resident state to local bidders.
Bid Proposal - 2
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DATED: ___________________________________________________________
BIDDER: __________________________________________________________
BY: ___________________________________________________________
Title: __________________________________________________________
Address: _______________________________________________________
Phone: _________________________________________________________
Federal Tax I.D. No.: _____________________________________________
Oregon Contractors Board Registration ___________________________
Bid Proposal - 3
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Bid Schedule
Brownsmead Dike Road Blind Slough Bridge Repair Project
Item
# Description Quantity 1 Unit Price Total Price
1 Mobilization Lump
Sum
2 Excavation of roadway and disposal of
materials 145 CY
3 Temporary bridge support system
installation and removal (Bents 2-8)
Lump
Sum
4 Bridge support system engineering
(Bents 2-8)
Lump
Sum
5 Drive new steel H pile (Bent 8) 160 LF
6 Bridge material removal and disposal Lump
Sum
7 Steel pile sleeves installed 5 EA
8 H pile sections over sleeved portions
installed 5 EA
9 H beam pile cap installed 211 LF
10 Steel sway bracing installed 360 LF
11 Align pile to improve pile to cap bearing
percentage 8 Pile
12 Insert wood care preservative into old
sway bracing bolt holes and install plugs
Lump
Sum
13 Steel plate backwall installed 32 LF
14 Backfill and compact road prism 145 CY
15 1-1/2"-0” gravel delivered to site 140 TN
16 3/4"-0” gravel delivered to site 35 TN
17 Pollution control Lump
Sum
18 Erosion control Lump
Sum
19 Geotextile fabric installed 90 SY
20 Repair concrete girder spall 33 LF
21 Repair deck bottom and soffit spall 20 LF
22
Steel pile jacked into place in spliced
sections until reaching 50 tons of
resistance (if necessary)
40 LF
23
Pile coring to remove rot in preparation
for sleeve and fill with grout (if
necessary)
12 LF
Bidder Name ________________________________ Total $_________________
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First Tier Subcontractor Disclosure Form
For Public Improvements with a contract value of more than $100,000
(ORS 279C.370)
Project Name: Blind Slough Bridge Repair Project 2019
Closing Date: October 31, 2019 at 2:00 p.m.
Subcontractor Disclosure Deadline: October 31, 2019 at 4:00 p.m.
This form must be submitted at the location specified within two (2) working hours of the
advertised bid closing date and time; no later than the Disclosure Deadline stated above.
List below the Name, Address, Dollar Value, Construction Contractor Bond (CCB) and category
of work of each subcontractor that will be furnishing labor or materials that are required to be
disclosed. Enter “none” if there are no subcontractors that need to be disclosed. (If needed attach
additional sheets).
Name/Address
Dollar Value/CCB#
Category of Work
The above listed first-tier subcontractor(s) are providing labor and/or materials with a Dollar
Value equal to or greater than:
1. 5% of the Project Bid, but at least $15,000; or
2. $350,000, regardless of the percentage.
Failure to submit this form by the disclosure deadline will result in a bid submitted becoming
non-responsive, and such bids shall not be considered for award!
Bids that are submitted by bid closing, but for which the separate disclosure submittal has not
been made by the specified deadline, are not responsive and shall not be considered for Contract
award.
Form submitted by (Bidder Name): _______________________________________________
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Instructions for Non-Collusion Affidavit
1. This Non-collusion Affidavit is material to any contract awarded pursuant to this bid.
According to the Oregon Public Contracts and Purchasing Laws, a public contracting agency
may reject any or all bids upon a finding of the agency that is in the public interest to do so. This
agency finds that it is in the public interest to require the completion of this affidavit by potential
contractors.
2. This Non-Collusion Affidavit must be executed by the member, officer or employee of
the bidder who makes the final decision on prices and the amount quoted in the bid.
3. Bid rigging and other efforts to restrain competition, and the making of false sworn
statements in connection with the submission of bids are unlawful and may be subject to criminal
prosecution. The person who signs the Affidavit should examine it carefully before signing and
assure himself or herself that each statement is true and accurate, making diligent inquiry, as
necessary, of all other persons employed by or associated with the bidder with responsibilities
for the preparation, approval or submission of the bid.
4. In the case of a bid submitted by a joint venture, each party to the venture must be
identified in the bid documents, and an Affidavit must be submitted separately on behalf of each
party.
5. The term "complementary bid" as used in the Affidavit has the meaning commonly
associated with that term in the bidding process, and includes the knowing submission of bids
higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other
form of bid submitted for the purpose of giving a false appearance of competition.
6. Failure to file an Affidavit in compliance with these instructions will result in
disqualification of the bid.
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Non-Collusion Affidavit
STATE OF )
County of )
I state that I am of
and that I am authorized to make this affidavit on behalf of my firm, and it owners, directors, and
officers. I am the person responsible in my firm for the price(s) and the amount of this bid.
I state that:
(1) The price(s) and amount of this bid have been arrived at independently and without
consultation, communication or agreement with any other contractor, bidder or potential bidder,
except as disclosed on the attached appendix.
(2) That neither the price(s) nor the amount of this bid, and neither the approximate
price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who
is a bidder or potential bidder, and they will not be disclosed before bid opening.
(3) No attempt has been made or will be made to induce any firm or person to refrain
from bidding on this contract, or to submit a bid higher than this bid, or to submit any
intentionally high or noncompetitive bid or other form of complementary bid.
(4) The bid of my firm is made in good faith and not pursuant to any agreement or
discussion with, or inducement from, any firm or person to submit a complementary of other
noncompetitive bid.
(5) , its affiliates, subsidiaries, officers,
directors and employees are not currently under investigation by any governmental agency and
have not in the last four years been convicted of or found liable for any act prohibited by State of
Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any
public contract, except as described on the attached appendix.
I state that understands and acknowledges that
the above representatives are material and important, and will be relied on by Clatsop County in
awarding the contract(s) for which this bid is submitted. I understand and my firm understands
that any misstatement in this affidavit is and shall be treated as fraudulent concealment from
Clatsop County of the true facts relating to the submission of bids for this contract.
Sworn to and subscribed before me this day of ,
NOTARY PUBLIC FOR OREGON
My Commission Expires:
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CLATSOP COUNTY
STANDARD PUBLIC IMPROVEMENT CONTRACT
Bid Bond
We, _____________________________________, as “Principal,”
(Name of Principal)
and ___________________________________, an _________________ Corporation,
(Name of Surety)
authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our
respective heirs, executors, administrators, successors and assigns to pay unto Clatsop County (“Obligee”) the sum
of ($____________________________)
_________________________________________________________________ dollars.
WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or bid to an
agency of the Obligee in response to Obligee’s procurement document (No. __________________) for the project
identified as:
_____________________________________________________________________ which proposal or bid is
made a part of this bond by reference, and Principal is required to furnish bid security in an amount equal to ten
(10%) percent of the total amount of the bid pursuant to the procurement document and ORS 279C.365(4) for
competitive bidding or 279C.400(5) for competitive proposals.
NOW, THEREFORE, if the proposal or bid submitted by Principal is accepted, and if a contract pursuant to the
proposal or bid is awarded to Principal, and if Principal enters into and executes such contract within the time
specified in the procurement document and executes and delivers to Obligee its good and sufficient performance and
payment bonds required by Obligee, as well as any required proof of insurance, within the time fixed by Obligee,
then this obligation shall be void; otherwise, it shall remain in full force and effect.
IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal
representatives this ________________day of _________________________, 20__.
PRINCIPAL: ______________________________ SURETY: __________________________
By________________________________________ BY ATTORNEY-IN-FACT:
Signature
___________________________________________ ___________________________________
Official Capacity Name
Attest: ____________________________________ ___________________________________
Corporation Secretary Signature
___________________________________
Address
_________________________________________
City State Zip
_______________ _________________
Phone Fax
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CLATSOP COUNTY, OREGON
1100 Olney Avenue Astoria, Oregon 97103 An Equal Opportunity Employer
Clatsop County Contract for Construction
This Contract is by and between Clatsop County (County) and _________________
(Contractor). Whereas County has need of the services which Contractor has agreed to
provide; Now Therefore, in consideration of the sum not to exceed $________________to be
paid to Contractor by County, Contractor agrees to perform between date of execution and
March 31, 2020, inclusive, the following specific construction services:
A. All materials, Labor, equipment and incidentals, and to perform all work shown on the
drawings and described in the specifications for the project “Proposal and Special
Provisions for “Blind Slough Bridge Repair Project 2019” and Project Drawings.
B. Payment Terms: Payment will be made 30 days from receipt of invoice and approval of
work by County.
1. Written Notice. Any notice of termination or other communication having a
material effect on this Agreement shall be served by U.S. Mail on the signatories listed.
2. Governing Law/Venue. This Agreement shall be governed by the laws of the
State of Oregon. Any action commenced in connection with this Agreement shall be in the
District or Circuit Court of Clatsop County. The prevailing party shall be entitled to reasonable
attorney fees and costs, including an appeal. All rights and remedies of County shall be
cumulative and may be exercised successively or concurrently. The foregoing is without
limitation to or waiver of any other rights or remedies of County according to law.
3. Compliance. Contractor shall comply with all applicable Federal, State and
local laws, rules and regulations. All provisions of ORS 279C.505 through 530 (Construction
Contracts) are incorporated herein. Specifically, Contractor shall:
a. Make payment promptly, as due, to all persons supplying to the contractor
labor or material for the performance of the work provided for in this
contract. ORS 279C.505(1)(a)
b. Pay all contributions or amounts due the Industrial Accident Fund from
the contractor or subcontractor incurred in the performance of this
contract. ORS 279C.505(1)(b).
c. Not permit any lien or claim to be filed or prosecuted against the state or a
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county, school district, municipality, municipal corporation or subdivision
thereof, on account of any labor or material furnished. ORS
279C.505(1)(c)
d. Pay to the Department of Revenue all sums withheld from employees
under ORS 316.617.
e. Demonstrate that an employee drug-testing program is in place. ORS
279C.505(1)(d).
f. Salvage or recycle construction and demolition debris if feasible and cost-
effective. ORS 279C.510(1).
g. Promptly pay, as due, all persons supplying labor and services furnished
to the contractor or a subcontractor by any person in connection with this
contract as the claim becomes due. If Contractor fails to pay any such
claim, County may pay the claim and charge the payment against the
funds due or to become due the Contractor by reason of the contract,
pursuant to ORS 279C.515(1).
h. If this contract is for a public improvement, if Contractor or first-tier
subcontractor fails, neglects, or refuses to make payment to a person
furnishing labor or materials in connection with the public contract for a
public improvement within 30 days after receipt of payment from the
County, the Contractor or first-tier subcontractor shall owe the person the
amount dues plus interest commencing at the end of the 10 day period that
payment is due under ORS 279C.580 and ending upon final payment,
unless payment is subject to a good faith dispute as defined in ORS
279C.580.
i. Make payment to any person furnish labor or materials in connection with
this contract within 30 days after receipt of payment from the contracting
agency or a contractor, the contractor or first-tier subcontractor shall owe
the person the amount due plus interest charges commencing at the end of
the 10-day period that payment id due under ORS 279C.580(4) and ending
upon final payment, unless payment is subject to a good faith dispute as
defined in ORS 279C.580. The rate of interest charged to the contractor or
first-tier subcontractor on the amount due shall equal three times the
discount rate on 90-day commercial paper in effect at the Federal Reserve
Bank in the Federal Reserve district that includes Oregon on the date that
is 30 days after the date when payment was received from the contracting
agency or from the contractor, but the rate of interest may not exceed 30
percent. The amount of interest may not be waived. ORS 279C.515(2).
j. Make payment to any person furnishing labor or materials in connection
with this contract, the person may file a complaint with the Construction
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Contractors Board, unless payment is subject to a good faith dispute as
defined in ORS 279C.580. ORS 279C.515(3).
k. No person may be employed for more than 10 hours in any one day, or 40
hours in any one week, except in cases of necessity, emergency or when
the public policy absolutely requires it, and in such cases, except in cases
of contracts for personal services as defined in ORS 279C.100. The
employee shall be paid at least time and a half pay as provided for in ORS
279C.520.
l. Pay promptly, as due, any payment to any person, co-partnership,
association or corporation furnishing medical, surgical and hospital care
services or the needed care and attention, incident to sickness or injury, to
the employees of the contract, of all sums that the contractor agrees to pay
for the services and all moneys and sums that the contractor collected or
deducted from the wages of employees under any law, contract or
agreement for the purpose of providing or paying for the services,
pursuant to ORS 279C.530(1).
m. If Contractor is a subject employer, Contractor will comply with ORS
656.017. ORS 279C.530(2).
n. Comply with maximum hours of work, holidays and overtime per ORS
279C.540 and time limit on claims for overtime per ORS 279C.545.
o. Comply with ORS 279C.550 thru 570 regarding withholding of retainage.
The withholding of retainage by a contractor or subcontractor shall be in
accordance with ORS 701.420 and 701.430.
p. Comply with ORS 279C.570 regarding prompt payment, progress
payments and rate of interest.
q. Contractor shall include in each subcontract for property or services
entered into by the contractor and a first-tier subcontractor, including a
material supplier, for the purposed of performing a construction contract: a
payment clause that obligates the contractor to pay the first-tier
subcontractor for satisfactory performance under its subcontract within 10
days out of such amounts as are paid to the contractor by the contracting
agency under the contract; and an interest penalty clause that obligates the
contractor, if payment is not made within 30 days after receipt of payment
from the contracting agency, to pay to the first-tier subcontractor an
interest penalty on amounts due in the case of each payment not made in
accordance with the payment clause included in the subcontract. These
clauses must also be included in each of the contractor’s subcontracts and
in each of the first-tier subcontractor’s subcontracts and each of the first-
tier subcontractor’s shall include these clauses in their subcontracts with
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each lower-tier subcontractor or supplier. ORS 279C.580.
r. Comply with ORS 279C.605 regarding Notice of Claim.
s. Comply with Prevailing Wage Rate regulations, ORS 279C.800 through
ORS 279C.870.
t. Pay contract and subcontract workers not less than the specified minimum
hourly rate of wage in accordance with ORS 279C.838. ORS
279C830(1)(c).
u. A fee is required to be paid to the Commissioner of the Bureau of Labor
and Industries as provided in ORS 279C.825. This fee shall be paid to the
commissioner under the administrative rule of the commissioner. ORS
279C.830(2). This fee is paid by Clatsop county.
v. Contractor is required to have a public works bond filed with the
Construction Contractors Board before starting work on the project, unless
exempt under ORS 279C.836(7) or (8), and will include in every
subcontract a provision requiring the subcontractor to have a public works
bond filed with the Construction Contractors Board before starting work
on the project, unless exempt under ORS 279C.836(7) or (8). ORS
279C.830(3)(a)(b).
w. Certify that all subcontractors performing work described in ORS
701.005(2) will be registered with the Construction Contractors Board or
licensed by the State Landscape Contractors Board in accordance with
ORS 701.035 to 701.055 before the subcontractors commence work under
the contract.
x. Environmental and natural resources regulations. ORS 279C.525.
4. Judicial Rulings. If any provision of this Agreement as applied to either party or
to any circumstances shall be adjudged by a court to be void or unenforceable, the same shall in
no way affect any other provision of this Agreement or the validity of enforceability of the
Agreement.
5. Independent Contractor. Contractor, in carrying out the services to be
provided under this Agreement, is acting as an "independent Contractor" and is not an employee
of County, and as such accepts full responsibility for taxes or other obligations associated with
payment for services under this Agreement. As an independent Contractor", Contractor will not
receive any benefits normally accruing to County employees unless required by applicable law.
Furthermore, Contractor is free to contract with other parties, on other matters, for the duration
of this Agreement.
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6. Indemnification. Contractor shall save harmless, indemnify, and defend
County for any and all claims, damages, losses and expenses including but not limited to
reasonable attorney's fees arising out of or resulting from Contractor's performance of or failure
to perform the obligations of this Agreement, to the extent same are caused by the negligence or
misconduct of Contractor or its employees or agents.
7. Worker’s Compensation. Contractor shall comply with ORS 656.017 for all
employees who work in the State of Oregon. If the Contractor hires employees, he or she shall
provide County with certification of Worker's Compensation Insurance, with employer's liability
in the minimum of $100,000.
8. Nondiscrimination. No person shall be subjected to discrimination in receipt of
the benefits of any services or activities made possible by or resulting from this Agreement on
the grounds of sex, race, color, creed, marital status, age or national origin. Any violation of this
provision shall be considered a material violation of this Agreement and shall be grounds for
cancellation, termination or suspension in whole or in part by County.
9. Termination of Agreement. This Agreement may be terminated under the
following conditions:
a. By written mutual agreement of both parties. Termination under this
provision may be immediate.
b. Upon fifteen (15) calendar days written notice by either Party to the other
of intent to terminate.
c. Immediately on breach of the contract.
10. Subcontracting/Nonassignment. No portion of this Agreement may be
contracted or assigned to any other individual, firm, or entity without the express and prior
approval of County.
11. Survival. The terms, conditions, representations and all warranties contained in
this Agreement shall survive the termination or expiration of this Agreement.
12. Standard of Services and Warranty. Contractor agrees to perform its services
with that standard of care, skill and diligence normally provided by a professional individual in
the performance of similar services. It is understood that the Contractor must perform the
services based in part on information furnished by County and that Contractor shall be entitled
to rely on such information. However, the Contractor is given notice that County will be
relying on the accuracy, competence and completeness of Contractor's services in utilizing the
results of such services. The Contractor warrants that the recommendations, guidance and
performance of any person assigned under this Agreement shall be in accordance with
professional standards and the requirements of this Agreement.
13. Ownership and Use of Documents. All documents, or other material submitted
to the County by Contractor shall become the sole and exclusive property of County. All
material prepared by Contractor under this Agreement may be subject to Oregon’s Public
Records Law.
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14. Tax Compliance Certification. Contractor hereby certifies, under penalty of
perjury, as provided in ORS 305.385(6), that to the best of Contractor's knowledge, Contractor
is not in violation of any of the tax laws of this state or political subdivision of this state,
including but not limited to ORS 305.380(4), 305.620 and ORS chapters 316, 317 and 318.
Contractor represents that Contract will continue to comply with the tax laws of this state and
any applicable political subdivision of this state during the term of the public contract. If
Contractor fails to comply with the tax laws of this state or a political subdivision of this during
the term of this agreement, the Contractor shall be in default and County may terminate this
agreement and pursue its remedies under the agreement and under applicable law Contractor
hereby certifies, under penalty of perjury, as provided in ORS 305.385(6), that to the best of
Contractor's knowledge, Contractor is not in violation of any of the tax laws described in ORS
305.380(4).
15. Insurance. Contractor shall purchase and maintain at Contractor's expense,
Comprehensive General Liability, Automobile Liability, and Professional Liability insurance.
This insurance is to provide separate coverage for each of the required types of insurance at a
minimum of $1,000,000 for property damage and minimum of $1,000,000 per person for bodily
injury and no less than $1,000,000 for each occurrence, $2,000,000 aggregate. In addition, all
such insurance, with the exception of Professional Liability, shall name County, its
Commissioners, employees and agents, as an Additional Insured. A copy of the policy or
certificate of insurance acceptable to County shall be submitted to County. Some, or all, of the
required insurance may be waived or modified if approved by County's counsel as follows:
________(Approved by County Counsel)
______________________________________________________________________
(Contractor's Initials) (Comments)
All terms on the previous pages of this document are hereby made a part of this
Agreement. This Agreement will not be effective until approved by the County Commission.
FOR COUNTY: FOR CONTRACTOR:
___________________________________ ____________________________________
Signature Date Signature Date
Title Title
Contractor Address:
Page 29 of 45
Performance Bond Bond No._______________________________
Solicitation _____________________________
Project Name ___________________________
__________________(Surety #1) Bond Amount No. 1: $______________
__________________(Surety #2)* Bond Amount No. 2:* $______________
* If using multiple sureties Total Penal Sum of Bond: $______________
We, ________________________________________________as Principal, and the above identified Surety(ies),
authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our
respective heirs, executors, administrators, successors and assigns firmly by these presents to pay +-unto Clatsop
County the sum of (Total Penal Sum of Bond)
________________________________________________________________________
(Provided, that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the
purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds
itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of
such Surety), and
WHEREAS, the Principal has entered into a contract with Clatsop County, the plans, specifications, terms and
conditions of which are contained in the above-referenced Solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special
provisions, schedule of performance, and schedule of contract prices, are made a part of this Performance Bond by
reference, whether or not attached to the contract (all hereafter called “Contract”); and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans and specifications, and all authorized modifications of the Contract which increase the amount
of the work, the amount of the Contract, or constitute an authorized extension of the time for performance, notice of
any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and
truly observe and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well
and truly and fully do and perform all matters and things undertaken by Contractor to be performed under the
Contract, upon the terms set forth therein, and within the time prescribed therein, or as extended as provided in the
Contract, with or without notice to the Sureties, and shall indemnify and save harmless Clatsop County, its
Commissioners and Clatsop County (name of institution and any other Owner agency), and members thereof, its
officers, employees and agents, against any direct or indirect damages or claim of every kind and description that
shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by
the Principal or its subcontractors, and shall in all respects perform said contract according to law, then this
obligation is to be void; otherwise, it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall Clatsop County, or the above-referenced
agency(ies), be obligated for the payment of any premiums.
This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are
incorporated into this bond and made a part hereof.
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IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY
OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this __________________ day of ___________________, 20__.
PRINCIPAL: __________________________
By____________________________________
Signature
______________________________________
Official Capacity
Attest: ________________________________
Corporation Secretary
SURETY: _____________________________
[Add signatures for each surety if using multiple bonds]
BY ATTORNEY-IN-FACT:
[Power-of-Attorney must accompany each surety bond]
______________________________________
Name
______________________________________
Signature
______________________________________
Address
______________________________________
City State Zip
_________________ ____________________
Phone Fax
Page 31 of 45
Clatsop County
Standard Public Improvement Contract
Payment Bond
Bond No. __________________________________
Solicitation _________________________________
Project Name _______________________________
__________________(Surety #1) Bond Amount No. 1: $ ___________
__________________(Surety #2)* Bond Amount No. 2:* $ ___________
* If using multiple sureties Total Penal Sum of Bond: $ ___________
We, ________________________________________________, as Principal, and the above identified
Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents
to pay unto Clatsop County the sum of (Total Penal Sum of Bond)
_________________________________________________________________________ (Provided,
that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the
purpose of allowing a joint action or actions against any or all of us, and for all other purposes each
Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set
forth opposite the name of such Surety), and
WHEREAS, the Principal has entered into a contract with the Clatsop County, the plans, specifications,
terms and conditions of which are contained in above-referenced Solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard
specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part
of this Payment Bond by reference, whether or not attached to the contract (all hereafter called “Contract”);
and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans and specifications, and schedule of contract prices which are set forth in the Contract
and any attachments, and all authorized modifications of the Contract which increase the amount of the
work, or the cost of the Contract, or constitute authorized extensions of time for performance of the
Contract, notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully
and truly observe and comply with the terms, conditions and provisions of the Contract, in all respects,
and shall well and truly and fully do and perform all matters and things by it undertaken to be performed
under said Contract and any duly authorized modifications that are made, upon the terms set forth therein,
and within the time prescribed therein, or as extended therein as provided in the Contract, with or without
notice to the Sureties, and shall indemnify and save harmless Clatsop County, its Commissioners, and
Clatsop County (name of any other Owner agency), and members thereof, its officers, employees and
agents, against any claim for direct or indirect damages of every kind and description that shall be
suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by
the Contractor or its subcontractors, and shall promptly pay all persons supplying labor, materials or both
to the Principal or its subcontractors for prosecution of the work provided in the Contract; and shall
promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment
Page 32 of 45
Compensation Fund from the Principal or its subcontractors in connection with the performance of the
Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and
retained from the wages of employees of the Principal and its subcontractors pursuant to ORS 316.167,
and shall permit no lien nor claim to be filed or prosecuted against the County on account of any labor or
materials furnished; and shall do all things required of the Principal by the laws of this State, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall Clatsop County, or the above-
referenced agency(ies), be obligated for the payment of any premiums.
This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are
incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES:
Dated this ___________________day of _____________________, 20__.
PRINCIPAL: _________________________
By __________________________________
Signature
_____________________________________
Official Capacity
Attest: _______________________________
Corporation Secretary
SURETY: ____________________________
[Add signatures for each if using multiple bonds]
BY ATTORNEY-IN-FACT:
[Power-of-Attorney must accompany each bond]
_____________________________________
Name
_____________________________________
Signature
_____________________________________
Address
_____________________________________
City State Zip
_____________________________________
Phone Fax
Page 33 of 45
Special Provisions
OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION – 2018
(STANDARD SPECIFICATIONS)
OREGON DEPARTMENT OF TRANSPORTATION
MODIFIED AS FOLLOWS
Section 00110 – Organization, Conventions, Abbreviations and Definitions
Comply with Section 00110 of the Standard Specifications supplemented and/or modified as
follows:
00110.00 Organization of Specifications - Add the following to the end of this subsection:
. Certain Sections contain statements under payment subsections to the effect that payment
will be made at the contract amounts for the following items. It is intended that payment
will be made only for those items listed in the Bid Schedule for a particular project.
00110.20 Definitions -
Add: Commission - "Clatsop County Board of Commissioners"
Add: Commission Services Office - Clatsop County Public Works Department.
Add: County - Clatsop County, including employees of the County authorized to administer this
contract.
Add: Department - Clatsop County Public Works Department.
Engineer - Delete definition and replace with "Clatsop County Engineer and its authorized
representatives, acting either directly or indirectly as authorized agents of the County".
Add: Proposal Booklet -Bid forms section of the "Proposal and Special Provisions" document
prepared by the County, which includes required information regarding proposals. A separate
booklet is not prepared for proposals.
Section 00120 - Bidding Requirements and Procedures
Comply with Section 00120 of the Standard Specifications supplemented and/or modified as
follows:
00120.00 Prequalification of Bidders - Delete this subsection.
00120.01 General Bidding Requirements – Delete this subsection and replace with the following:
Page 34 of 45
Bidders may obtain Bids by paper and/or through the internet (electronic) or both. Bids must be
submitted with paper only.
00120.05 Request for Plans, Special Provisions, and Bid Booklets - Delete this subsection and
add the following:
Upon request, the Clatsop County Public Works Department will provide prospective bidders
with a viewing copy the "Proposal and Special Provisions" and plans for the advertised project.
Proposal booklets may be purchased at the department office. The Oregon Standard
Specifications For Construction – 2018 (also a part of these specifications by reference) may be
reviewed in the office of the Public Works Department and may be purchased at the Oregon
State Department of Transportation Procurement Office in Salem.
00120.10 Bid Booklet - Delete this subsection.
00120.40 Preparation of Bids - Bids not in compliance with the requirements of this Subsection
will be considered non-responsive.
00120.40(a) General - Delete this subsection and substitute the following:
Do not alter the bid documents except to complete the certification and statements as required
and to insert the bid bond. When the bidder's authorized representative has signed the proposal,
the bidder agrees to all certifications and statements contained within the contract documents.
Entries in the proposal shall be in ink or typed. Signatures shall be in ink.
When the proposal is submitted, all documents in the proposal section, including a bid bond,
shall be properly completed and bound together.
No electronic bids will be accepted.
00120.40(c)(2) – Delete this subsection
00120.40(f) - Delete this subsection and substitute ORS 279C.370.
00120.45 Submittal of Bids –
(a) Paper Bids – Delete and replace subsection with the following:
Paper bids may be submitted by mail, parcel delivery service to the offices and addresses, and at
the times given in the Proposal Booklet. Submit paper bids in a sealed envelope provided by the
bidder.
Paper bids submitted after the Bid closing time will not be opened and will be returned to the
bidder.
(b) Electronic Bids – Delete this subsection
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00120.50 Submitting Bids for More than One Contract – Delete this subsection.
00120.60 Revision or Withdrawal of Bids - Delete this subsection and substitute:
(a) Paper Bids
A bidder may withdraw a proposal after it has been delivered to the County, if the bidder (or his
agent) makes the request in person to the County office designated to open the bids before the
time set for opening.
(b) Electronic Bids – Delete this subsection
00120.70 Rejection of Nonresponsive Bids - Delete this subsection and substitute ORS
279C.395.
00120.90 Disqualification of Bidders - Delete "Not been prequalified as required by 00120.00."
Section 00130 - Award and Execution of Contract
Comply with Section 00130 of the Standard Specifications supplemented and/or modified as
follows:
00130.00 Consideration of Bids - In the third paragraph change 30 calendar days to 60 calendar
days.
00130.10 Award of Contract – Delete the second sentence in the third paragraph and
in the last paragraph change 30 calendar days to 60 calendar days.
00130.15 Right to Protest Award – Delete this subsection and substitute ORS 279C.460.
00130.40(a) Performance and Payment Bonds - Delete this subsection and substitute ORS
279C.380.
00130.40(c) Workers’ Compensation - Delete this subsection and substitute the following:
Provide County with a Certificate of Insurance confirming coverage as required by 00170.61(a)
and 00170.70(c).
00130.50(a) By the Bidder - In the first paragraph, delete " ODOT Procurement Office -
Construction Contracts Unit" and substitute "the place designated for receipt of bids".
00130.50(b) By the Agency - Delete "7 Calendar Days" and replace with "21 Calendar Days"
and delete “legal sufficiency approval from the Attorney General” and substitute “Clatsop
County Board of Commissioners”.
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00130.70 Release of Bid Guaranties – Delete this subsection and substitute ORS 279C.385(3).
00130.90 Notice to Proceed - Delete this subsection.
Section 00150 - Control of Work
Comply with Section 00150 of the Standard Specifications supplemented and/or modified as
follows:
00150.15(c) Contractor Responsibilities - Add the following:
Preserve all survey monuments in their original position and condition as directed by the
Engineer or as indicated on the plans.
00150.50(c) Contractor’s Responsibilities - Add the following:
The Contractor shall comply with ORS 757.542 to 757.557, Utility Regulation.
00150.95 Final Acceptance - Add the following:
The Contractor shall be required to remedy or correct any defects in the completed construction
that has been a part of this contract that may appear within two (2) years from the date of
completion of the project. The Contractor's acceptance of the supplemented final payment shall
in no way relieve him of the responsibility of faulty workmanship furnished by him. The County
shall with a reasonable promptness give notice to the Contractor of defects noted. The Public
Works Director shall decide all questions arising thereto subject to arbitration.
Section 00160 - Source of Materials
Comply with Section 00160 of the Standard Specifications supplemented and/or modified as
follows:
00160.40 Agency-furnished Sources – Delete this subsection and replace
No Agency-Furnished sources are being offered for use on this project. All material sources
shall be provided by the Contractor.
Section 00165 - Quality of Materials
Comply with Section 00165 of the Standard Specifications supplemented and/or modified as
follows:
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00165.03 Testing by Agency – Delete this subsection and add: Any check-tests or review tests
to be performed by the Agency will be sent to a certified testing firm of their choice. The results
of the tests will be made available to the contractor.
00165.40 Statistical Analysis - Delete this subsection.
00165.50 Statistical Acceptance Sampling and Testing - Delete this subsection.
00165.70(c) Contractor Request for Testing Assistance - Delete this subsection.
Section 00170 - Legal Relations and Responsibilities
Comply with Section 00170 of the Standard Specifications supplemented and/or modified as
follows:
00170.02 Permits, Licenses and Taxes - Add the following:
Contractor will be working as an independent contractor and will be responsible for any federal
or state taxes applicable to services rendered by Contractor. Contractor will be responsible to
provide for their employees and agents any benefits as a result of payments pursuant to this
agreement for Federal Social Security, Unemployment Insurance or Public Employee's
Retirement System Benefits.
00170.61(a) Workers’ Compensation - Add the following:
The Contractor, its Subcontractors, if any, and all employers working under this contract are
subject employers under the Oregon Worker's Compensation Law and shall comply with ORS
656.017, which requires them to provide worker's compensation coverage for all their subject
workers.
The Contractor is a sole proprietor or a partner or is an insured employer for purposes of the
Oregon Worker's Compensation Law (ORS Chapter 656) and is solely liable for any worker's
compensation coverage under this Contract. Contractor agrees that Contractor and other persons
retained by Contractor to perform work under this Contract shall be insured according to ORS
656.407 prior to commencement of work under this contract, and that Contractor and such
persons shall remain so insured during the term of this Contract. The Contractor shall also
comply with the Unemployment Compensation Act of the State of Oregon. The Contractor shall
provide the County, before commencing work, a certificate of insurance showing protection for
its workers under the Workers' Compensation Act and registration with the State Unemployment
Compensation Commission.
Section 00180 - Prosecution and Progress
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Comply with Section 00180 of the Standard Specifications supplemented and/or modified as
follows:
00180.20 Subcontracting Limitations - There are no special items applicable to this contract.
00180.20(c) Rental of Operated Equipment - Delete this subsection.
00180.21 Subcontracting: (a) General - Delete the first 3 paragraphs and add the following:
Unless otherwise provided in the Contract, the Contractor shall not assign, sell, dispose of, or
transfer rights, nor delegate duties under the contract, either in whole or in part, without the
Agency’s prior written consent. Unless otherwise agreed by the Agency in writing, such consent
shall not relieve the Contractor of any obligations under the Contract. Any assignee or transferee
shall be considered the agent of the Contractor and be bound to abide by all provisions of the
Contract. If the Agency consents in writing to an assignment, sale, disposal or transfer of the
Contractor’s rights or delegation of Contractor’s duties, the Contractor and its surety, if any,
shall remain liable to the Agency for complete performance of the Contract as if no such
assignment, sale, disposal, transfer or delegation has occurred unless the Agency otherwise
agrees in writing.
00180.41 Project Work Schedules – Delete this subsection and add the following:
The Contractor shall submit a project schedule to the County.
The project schedules shall take into account the orderly, timely, and efficient prosecution of the
work. The project schedules shall indicate the Contractor's plan of prosecution of the work in
sufficient detail to enable both the Contractor and the County to plan, coordinate, appraise,
document, and control their respective contract responsibilities.
When completed, the Contractor's approved project schedule shall represent the Contractor's own
plans for the project. It shall be the Contractor's responsibility to ensure that all of the work is
described in the project schedule and that it represents the sequence and time planned for the
work. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor
of responsibility for timely and efficient execution of the contract. Slack or float time as
expressed in the project schedule does not exist for the exclusive use of either party to the
contract and belongs to the project.
Project reporting - The Contractor shall review the project schedule and progress with the
Engineer periodically. Upon the request of the Engineer or when the Contractor's approved
project schedule no longer represents the contractor's own plans or expected time for the work,
the project schedule shall be updated and a joint progress meeting shall beheld between the
Engineer and the Contractor. At this meeting, project events and changes will be reviewed for
their effect on the Contractor's approved project schedule. After any necessary action has been
agreed upon, the required changes will be made to the project schedule.
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Project schedule costs - There will be no separate payment for developing, furnishing,
monitoring, or updating the project schedules as payment therefore will be included in payment
for one or another of the listed bid items.
The Contractor's failure to provide the schedules, schedule information, progress reports, or
schedule updates at the times required herein shall cause progress payments under this contract
to be suspended until the required data is provided to the Engineer unless the Engineer waives
the provisions of this subsection in writing.
00180.42 Preconstruction Conference – Delete this subsection and add the following:
Prior to the commencement of work a preconstruction conference is required. The conference is
to be between the Contractor and the County at a mutually agreed time. This requirement may be
waived upon written request to the Engineer.
00180.50 Contract Time to Complete Work – The time allowed to complete the contract is
stipulated in the Solicitation Documents.
00180.85 Failure to Complete on Time; Liquidated Damages – Add the following to this
subsection:
The following liquidated damages apply for failure to complete the work on time:
The per diem amount of liquidated damages which will apply to this contract for failure to
complete the work on time is $500 per calendar day.
Section 00190 - Measurement of Pay Quantities
Comply with Section 00190 of the Standard Specifications supplemented and/or modified as
follows:
00190.20 (g) Agency-Provided Weigh Technician - Delete this subsection.
Section 00195 - Payment
Comply with Section 00195 of the Standard Specifications, supplemented and/or modified as
follows:
00195.10 Payment for changes in Material Cost - Delete this subsection.
00195.50 Progress Payments and Retained Amounts - Delete the last paragraph and add the
following:
At the end of each month the contractor shall submit to the Engineer, an application for partial
payment. The County shall make payments on account of the contract, as provided, within thirty
Page 40 of 45
(30) days after receipt of the Engineer’s approval of the contractor’s application for partial
payment.
00195.50 (b) Retainage - Delete this subsection and add the following:
The Amount to be retained from the progress payments to protect the County’s interests shall be
5 percent of the value of the work accomplished according to 00195.90, unless otherwise
specified.
Section 00199 - Disagreements, Protests and Claims
Comply with Section 00199 of the Standard Specifications, supplemented and/or modified as
follows:
00199.20(b) Written Notice – Substitute “in writing” for “on form 734-2887”
00199.40(b) Step 1: Region Level Review - substitute Public Works Director for Region-level
reviewer.
00199.40(c) Step 2: Agency Level Review - substitute Public Works Director for Contract
Administration Engineer.
At the request of the Contractor, the Public Works Director shall, upon presentation to him, make
prompt decisions in writing on all claims of the County or the Contractor and on all other matters
relating to the execution and progress of the work or the interpretation of the Contract
Documents.
00199.40(d) Step 3 Arbitration; Claims Review Board - Delete this subsection and substitute the
following:
Demand for Arbitration: Any dispute or any decision of the Public Works Director which is
subject to arbitration shall be submitted to arbitration upon the demand of either party to the
dispute.
The Contractor shall not cause a delay of the work due to the pendency of arbitration
proceedings, except with the written permission of the Public Works Director, and then only
until the arbitrators have had an opportunity to determine whether or not the work shall continue
until deciding upon the matters in dispute.
The demand for arbitration shall be delivered in writing to the Public Works Director and the
adverse party, either personally or by registered mail to the last known address of each, within
ten (10) days of the receipt of the Public Works Director decision, and in no case after final
payment has been accepted except as otherwise expressly stipulated in the Contract Documents.
If the Public Works Director fails to make a decision within a reasonable time, a demand for
arbitration may be made as if his decision has been rendered against the demanding party.
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Arbitrators: No one shall be nominated or act as an arbitrator who is in any way financially
interested in this Contract or in the business affairs of the County, or the Contractor, or the
Public Works Director, or otherwise connected with any of them. Each arbitrator shall be a
person in general familiar with the work or the problem involved in the dispute submitted to
arbitration.
Unless otherwise provided by controlling statutes, the parties may agree upon one arbitrator,
otherwise there shall be three, one named in writing, by each party to this Contract, to the other
party and the third chose by those two arbitrators, or if they should fail to select a third within
fifteen (15) days, then he shall be appointed by the presiding officer, if a disinterested party, of
the Bar association nearest to the location of the work. Should the party demanding arbitration
fail to name and arbitrator within ten (10) days of his demand, his right to arbitration shall lapse.
Should the other party fail to name an arbitrator within said ten (10) days, then said *presiding
officer shall appoint such arbitrator within ten (10) days, and upon his failure to do so then such
arbitrator shall be appointed on the petition of the party demanding arbitration by a judge of the
State Court in the District where such arbitration is to be held.
The said *presiding officer shall have the power to declare the position of any arbitrator vacant
by reason of refusal or inability to act, sickness, death, resignation, absence or neglect. Any
vacancy shall be filled by the party making the original appointment, and unless so filled within
five (5) days after the same has been declared, it shall be filled by the said presiding officer. If
testimony has been taken before a vacancy has been filled, the matter must be re-heard unless a
re-hearing is waived in the submission (the statement of the matters in dispute between the
parties to be passed upon by the arbitrator) or by the written consent of the parties.
If there be one arbitrator his decision shall be binding; if three, the decision of any two shall be
binding in respect to both matters submitted and to the procedure followed during the arbitration.
Such decision shall be a condition precedent to any right of legal action.
Arbitration Procedure: The arbitrators shall deliver a written notice to each of the parties and to
the Public Works Director, either personally or by registered mail to the last known address of
each of the time and place for the beginning of the hearing of the matters submitted to them.
Each party may submit to the arbitrators such evidence and argument as he may desire and the
arbitrators may consider pertinent. The arbitrators shall, however, be the judges of all matters of
law and fact relating to both the subject matter of and the procedure during arbitration and shall
not be bound by technical rules of law or procedure. They may hear evidence in whatever form
they desire. The parties may be represented before them by such person as each select, subject to
the disciplinary power of the arbitrators if such representation shall interfere with the orderly or
speedy conduct of the proceedings.
Each party and the Public Works Director shall supply the arbitrators with such papers and
information as they may demand, or with any witness whose movements are subject to their
respective control, and upon refusal or neglect to comply with such demands the arbitrators may
render their decision without the evidence which might have been elicited there from, and the
absence of such evidence shall afford no ground for challenge of the award by the party refusing
or neglecting to comply with such demand.
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The submission to arbitration (the statement of the matters in dispute between the parties to be
passed upon by the arbitrators) shall be in writing dully acknowledged before a notary. Unless
waived in writing by both parties to the arbitration, the arbitrators, before hearing testimony,
shall be sworn by an officer authorized by law to administer an oath, Faithfully and fairly to hear
and examine the matters in controversy and to make a just award according to the best of their
understanding.
The arbitrators, if they deem the case demands it, are authorized to award to the party whose
contention is sustained such sums as they shall consider proper for the time, expense and trouble
incident to the arbitration and if the arbitration was demanded without reasonable cause,
damages for delay and other losses. The arbitrators shall fix their own compensation, unless
otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon
either or both parties.
The award of the arbitrators shall be in writing and acknowledged like a deed to be recorded, and
a duplicate shall be delivered personally or by registered mail, forthwith upon its rendition, to
each of the parties to the controversy and to the Public Works Director. Judgment may be
rendered upon the award by the Federal Court or the highest State Court having jurisdiction to
render same.
The award of the arbitrators shall not be open to objection on account of the form of the
proceedings or the award, unless otherwise provided by the controlling statutes. In the event of
such statutes providing on any matter covered by this section otherwise than as hereinbefore
specified, the method of procedure throughout and the legal effect of the award shall be wholly
in accord with said statutes, it being the intention hereby to lay down a principle of action to be
followed, leaving its local application to be adapted to the legal requirements of the jurisdiction
having authority over the arbitration.
The Public Works Director shall not be deemed a party of the dispute. He is given the right to
appear before the arbitrators to explain the basis of his decision and give such evidence as they
may require.
Section 00205 – Field Laboratory, Weighhouse, Etc. Delete Section 00205 of the Standard Specifications.
Section 00210 - Mobilization
Comply with Section 00210 of the Standard Specifications.
Section 00220 - Accommodations for Public Traffic
Delete this section and replace with the following:
County to allow for full bridge closure to complete the contract. County to contact
necessary authorities for bridge and road closure.
Page 43 of 45
County to provide contractor with closure plan and necessary barricades for road closure.
Section 00225 - Work Zone Traffic Control
Provide work zone traffic control measures conforming to Section 00225 of the Standard
Specifications, supplemented and/or modified as follows:
00225.13 (g)Temporary Tape – Delete existing and add the following: (4) Pavement Marking
Tape. Use new construction grade with metallic backing reflective pavement marking tape of
Flex-o-line quality and reflectivity available from Traffic Safety Supply in Portland, Oregon, or
approved equal. One such marker shall consist of a section of tape 4" by 6" in length.
00225.43 Temporary Traffic Delineation - Modify this subsection as follows:
(e) Pavement Markers - Add: Upon approval of the Engineer, Pavement Marking tape
can be used and shall be spaced at 50 feet on tangents and 25 feet on the curves on any
asphalt cement left overnight prior to laying the wearing course.
(e)(3) Flexible Overlay Pavement Markers - Add the following:
Pavement Marking Tape can be substituted upon approval of the Engineer.
00225.48 Flaggers and Traffic Control Supervisors – No change.
00225.49 Pilot Cars - Delete this subsections and substitute the following:
No separate measurement or payment will be made for pilot cars.
00225.83 Temporary Traffic Delineation - Add the following:
Temporary delineators will be paid for based on the maximum number of delineators used at any
one time.
Section 00280 - Erosion and Sediment Control Traffic Comply with the standard specifications as supplemented as follows:
00280.00 Scope - Add the following to this subsection:
County has an approved 1200CA NPDES Permit from the Oregon Department of Environmental
Quality.
00280.03 Standards – Add the following to this subsection:
The Oregon Department of Environmental Quality “Construction Stormwater Erosion and
Sediment Control Manual” may be used in lieu of the ODOT Erosion and Sediment Control
Manual.
00280.06 Erosion and Sediment Control Manager – Add the following to the first sentence:
“or approved equal certification.”
Section 00290 – Environmental Protection Perform environmental protection in accordance with the standard specifications as follows:
Page 44 of 45
00290.30 (b) Pollution Control
- Delete the last sentence.
00290.34 (a) Regulated Work Areas
- Delete the last sentence and replace with the following:
The Lewis and Clark River is a water of the United States. The regulated area within the project
vicinity is an area of land that is below an ordinary high water elevation of 2.7’ at the project
datum.
Section 00501 – Bridge Removal
Comply with Section 00501 – Bridge Removal as amended.
00501.00 Scope – Add the following to this subsection:
Remove previous repair footings, timber footing supports and hardware, existing pile cap and
timber pile sections for Bent 1 and 2. Remove catch basin at Bent 1.
Section 00640 – Aggregate Base and Shoulders
Perform aggregate base and shoulders conforming to Section 00640 of the Standard Specifications,
supplemented and/or modified as follows:
00640.10 General – Delete the first sentence and replace with the following: Aggregates shall be
4”-0, 1 ½”-0 or ¾”-0 designated by the plans, or as directed.
Section 00730 – Emulsified Asphalt Tack Coat
Furnish and place asphalt tack coat according to Section 00730 of the Standard Specifications
supplemented or modified as follows:
00730.11 Emulsified Asphalt - Delete the last two paragraphs.
Section 00744 – Asphalt Concrete Pavement
Comply with Section 00744 of the Standard Specifications supplemented or modified as follows:
00744.02 Definitions – Add the following:
Lot Size – A lot is the total quantity of material or work produced per JMF per project. The
following circumstances will require a different lot:
• A new JMF is used.
• The method for measuring compaction is changed.
• A change from one test procedure for measuring asphalt content to another test procedure
for measuring asphalt content occurs.
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The Engineer may allow material for irregular areas not completed during the main paving
operations, such as driveways or guardrail flairs to be evaluated as a separate lot.
Sublot Size – A sublot is 1,000 tons of ACP, or the amount of ACP placed in a day if less than
1,000 tons is placed.
00744.10 (4) b Reclaimed Asphalt Pavement– Delete the second sentence and replace with: No
more than 15% RAP material will be allowed in the new ACP pavement.
Add the following subsection:
00744.23 Pavers – The first sentence shall read:
Minimum 75 H.P, self-contained, self-propelled, supported on tracks or wheels, none of which
contact the mixture to be placed.
00744.49 Compaction – Replace this subsection with the following subsection:
Immediately after the ACP has been spread, struck off, and surface irregularities and other
defects remedied, roll it uniformly with rollers meeting the requirements of 00744.24 until
compacted to a minimum of 91% of MAMD. Perform finish rolling and continue until all roller
marks are eliminated. Determine the density of each sublot by averaging five QC tests
performed at random locations by a CDT with the nuclear gauge operated in the backscatter
mode according to WAQCT TM 8. Calculate MAMD according to ODOT TM 305. When less
than three sublot test results are obtained on a project, the ACP will be accepted according to
00744.17. Perform a minimum of one sublot density test per day.
Compaction to a specified density will not be required on temporary surfacing (see 00745.50),
guardrail flares, mailbox turnouts, road approaches, pavement repair, and areas of restricted length
and width (less than 8 feet), regardless of thickness. Compact these surfaces according to
00749.45.